Patents Act 1994 · 2020 Revised Edition · Part 7 · Provisions as to Patents After Grant
38. General power to amend specification after grant
Feedback & supportSubject to this section and section 84, the Registrar may, on an application made by the proprietor of a patent, allow the specification of the patent to be amended subject to such conditions, if any, as the Registrar thinks fit.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
No such amendment is allowed under this section where there are pending before the court or the Registrar proceedings in which the validity of the patent may be put in issue.
An amendment of a specification of a patent under this section has effect and is deemed always to have had effect from the grant of the patent.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);
A person may give notice to the Registrar of the person’s opposition to an application under this section by the proprietor of a patent, and if the person does so the Registrar must notify the proprietor and consider the opposition in deciding whether to grant the application.